ST. LOUIS – U.S. District Judge Ronnie L. White has denied a motion to dismiss a suit against a urethane ink resins manufacturer over claims it misappropriated trade secrets and other confidential and proprietary information.
According to White's Sept. 19 order, plaintiff US Polymers-Accurez LLC sued Kane International Corp. and others in 2017 alleging that Kane and "ringleaders" Thomas Kohlberg and his grandson Matthew Grodd deceived end-user customers in the ink resin market as well as tortuously interfered with the plaintiff's contracts and employees to induce them to breach their fiduciary duties.
Other defendants named in the litigation include Parker Ingredients LLC and Maclan Industries Inc.
The order indicates that US Polymers and Kane had an ongoing business relationship with at least two separate contracts. A secrecy agreement purported to deem as trade secrets all information provided by Kane and US Polymers to each other, "with three exceptions," the order states.
"By 2009, the parties' business relationship had grown to such a level that USPA was manufacturing the majority of Kane's urethane product line," the order states. "On Jan. 16, 2009, the parties entered into a supply agreement, under which the parties "reaffirmed" the secrecy agreement, and USPA agreed to continue manufacturing Kane's proprietary urethane ink resins."
US Polymers claims the defendants violated the Defend Trade Secrets Act, Missouri Trade Secrets Act, New York trade secrets law and asserts other common law claims.
Kane also countersued US Polymers and its managing members Maurice Meyers and Nick Agliata Jr. claiming breach of contract, misappropriation of trade secrets, tortious interference with business relationships and indemnification.
In addition to denying Kane's, Parker Ingredients's, Kohlberg's and Jeremey Eisele's motions to dismiss, White held that Kane improperly joined Meyers and Agliata as third-party defendants, but allowed opportunity to file an amended pleading.